Attorneys defending Roger Clemens have filed a motion to Judge Reggie Walton seeking a reimbursement of legal fees, according to an MLB.com report. Walton declared a mistrial after the federal government used inadmissable evidence.
At the time, Walton insinuated that it would be unfair to Clemens if he was forced pay for the time and resources of his attorneys. Since there will be a second trial, Clemens and his attorneys feel that it is unfair that he have to pay for the costs accrued in both, especially since it was the governments fault that the first trial was discontinued.
The motion states, in part: "only Mr. Clemens directly paid out of his personal funds to prepare for trial, resources now wasted through no fault of his own. The Court can and should make the Government, the party responsible for the need for a second trial, pay for the waste and loss incurred in connection with the first one." Clemens was indicted last year on six counts of perjury and other charges based on false testimony given during a 2008 hearing on performance-enhancing drugs.